Brazilian Federal Military Justice’s Jurisdiction to Prosecute Civilians

Abstract

Brazilian Federal Military Justice has received criticism, especially with regard to the jurisdiction to try civilians in peacetime. However, this judgment protects the interests of the military and rests on the most current positivity. There is no incompatibility between the Constitution and the rule established by Article 9 of the Military Criminal Code. The competence therein derives from the legislature’s intention that used the original ratione legis and also the ratione personae criteria to fix it. On the other hand, the doctrine and the Supreme Court understand that the protection of the interests of the Armed Forces are not restricted to the hierarchy and discipline, recognizing the competence of military courts to try civilians, also in the light of its peculiarity. It is important to emphasize the Brazilian Federal Military Justice is neither a martial court nor an administrative tribunal, but a branch of the Judiciary Power. Its guiding principles are in line with the human rights enshrined in the Brazilian legal system and the American Convention on Human Rights. Under the auspices of the adversarial system, the trial of civilians by federal military court does not violate the guarantee of due process, since every process started respects the superior constitutional principles.